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(영문) 부산지방법원 2017.05.18 2016가단356390
구상금
Text

1. Defendant A’s KRW 327,523,915 and KRW 151,014,478 among the Plaintiff and KRW 151,01,014, and KRW 176,507,813 among the Plaintiff.

Reasons

1. Facts of recognition;

(1) On May 20, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A to secure the obligation of KRW 100 million with respect to a national bank (hereinafter “national bank”), setting the credit guarantee limit of KRW 85 million with a view to securing the obligation of loans, and the term of guarantee was extended until May 19, 2015 (hereafter thereafter until May 19, 2017), and entered into a credit guarantee agreement with the Plaintiff to secure the obligation of KRW 100 million with a national bank; (b) on March 12, 2015, the credit guarantee limit of KRW 90 million with a view to securing the obligation of KRW 100 million with a credit guarantee; and (c) on March 11, 2016, the period of credit guarantee agreement was concluded with the Plaintiff to pay KRW 500,000,000 for each credit guarantee obligation of KRW 20,500,000,000 (hereinafter “the credit guarantee agreement”).

The Plaintiff’s interest rate on delay is 10% per annum.

Article 28(1) of the former Act provides that “The payment of principal and interest of each of the above loans shall be made in arrears, etc.” (see, e.g., Supreme Court Decision 2016Da1548, Aug. 12, 2016). The Plaintiff paid the principal and interest of a national bank KRW 176,507,813 to the National Bank on November 25, 2016.”

The plaintiff recovered KRW 370,61 from the defendant A to appropriate it to pay the principal of the subrogated principal of KRW 151,385,139 (151,385,139-370,661), and the final delay damages for the recovery amount are KRW 1,624.

x. On the other hand, Defendant A entered into a donation agreement with Defendant B (hereinafter “instant donation agreement”) on the land of 1,914 square meters (hereinafter “instant real estate”) at the time of residence on June 30, 2016, and received on July 1, 2016 from the Daegu District Court resident registration office.

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